The full text of the "Guidelines for Building a Powerful Intellectual Property Country (2021-2035)" is here!

2021-09-23
In order to coordinate the promotion of the building of a strong country with intellectual property rights, comprehensively improve the level of intellectual property creation, use, protection, management and service, and give full play to the important role of the intellectual property system in the socialist modernization drive, this outline is formulated.

1. Strategic background

Since the 18th National Congress of the Communist Party of China, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, China's intellectual property development has achieved remarkable results. The intellectual property legal system has been gradually improved, with core patents, well-known brands, fine copyrights, and new varieties of fine plants. The ownership of high-value intellectual property rights, such as high-quality geographical indications, and high-level integrated circuit layout designs, has increased significantly. The protection of trade secrets has been continuously strengthened. The utilization of genetic resources, traditional knowledge and folklore has been steadily improved. Significant increase in international influence, a significant increase in the awareness of intellectual property rights in the whole society, a number of market entities with strong intellectual property competitiveness have emerged, and a path of intellectual property development with Chinese characteristics has been taken, which effectively guarantees the construction of an innovative country and the comprehensive construction of a well-off society Achievement of the goal.

Entering a new stage of development, the promotion of high-quality development is an inevitable requirement for maintaining sustained and healthy economic development, innovation is the first driving force for development, and the role of intellectual property as a national development strategic resource and a core element of international competitiveness has become more prominent. Implement the strategy of strengthening the country with intellectual property rights, respond to the challenges posed by new technologies, new economies, and new situations to the reform of the intellectual property system, accelerate the reform and development of intellectual property rights, and coordinate the government and the market, domestic and international, as well as the quantity and quality of intellectual property, and demand and The linkage relationship of supply, comprehensively enhance the comprehensive strength of my country’s intellectual property rights, vigorously stimulate the innovation vitality of the whole society, and build a country with Chinese characteristics and world-level intellectual property rights. Efficient, fairer, more sustainable, and safer development is of great significance to meet the people's growing needs for a better life.

2. Overall requirements

(1) Guiding ideology. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the 2nd, 3rd, 4th, and 5th Plenary Sessions of the 19th National Congress of the Communist Party of China. Coordinately promote the "four comprehensive" strategic layout, adhere to the general tone of the work of seeking progress while maintaining stability, take the promotion of high-quality development as the theme, deepen the supply-side structural reform as the main line, and take reform and innovation as the fundamental driving force to meet the growing people The fundamental purpose is to build a new development stage, implement new development concepts, build a new development pattern, and firmly grasp that strengthening the protection of intellectual property rights is the most important content of the property rights protection system and the greatest incentive to improve the country’s economic competitiveness. The whole chain of intellectual property creation, use, protection, management and service, and strengthen international cooperation in intellectual property protection, and build a strong intellectual property country with a sound system, strict protection, efficient operation, convenient service, cultural awareness, openness and win-win, for construction Innovative countries and powerful modern socialist countries provide a solid guarantee.

(2) Working principles

——The rule of law is guaranteed and strictly protected. Implement the basic strategy of comprehensively governing the country by law, strictly protect intellectual property rights in accordance with the law, and earnestly safeguard social fairness and justice and the legitimate rights and interests of rights holders.

——Reform-driven, quality-led. Deepen reforms in the field of intellectual property rights, build a more complete system and mechanism for the market-oriented allocation of factors, and make better use of the basic guarantee role of the intellectual property system in stimulating innovation, so as to provide a steady stream of motivation for high-quality development.

——Focus on key points and make overall plans and coordination. Adhere to strategic guidance and overall planning, highlight key areas and major needs, and promote the in-depth integration and development of intellectual property rights with economic, technological, cultural, and social aspects.

——Scientific governance, win-win cooperation. Adhere to the concept of a community with a shared future for mankind, plan and promote the reform and development of intellectual property rights with an international perspective, and promote the construction of open, inclusive, balanced and inclusive international intellectual property rules, so that innovation and creation will benefit the people of all countries.

(3) Development goals

By 2025, the construction of a strong intellectual property country will achieve significant results, the protection of intellectual property rights will be more stringent, social satisfaction will reach and maintain a high level, the market value of intellectual property rights will be further highlighted, brand competitiveness will be greatly improved, and the added value of patent-intensive industries will account for the proportion of GDP The value added of the copyright industry accounted for 7.5% of GDP, the total annual import and export value of intellectual property royalties reached 350 billion yuan, and the number of high-value invention patents per 10,000 people reached 12 (the above indicators are all expected indicators).

By 2035, my country’s comprehensive intellectual property competitiveness will be among the top in the world, the intellectual property system will be complete, intellectual property will promote the vigorous development of innovation and entrepreneurship, the intellectual property culture of the whole society will basically take shape, and it will participate in all-round and multi-level international cooperation in the global governance of intellectual property. The pattern has basically taken shape, and a world-class intellectual property powerhouse with Chinese characteristics has basically been established.

3. Building an intellectual property system oriented to socialist modernization

(4) Establish a legal system with a complete range of categories, a rigorous structure, and internal and external coordination. Carry out basic legal research on intellectual property, do a good job in the connection between special laws and regulations, and enhance the applicability and uniformity of laws and regulations. According to the actual situation, timely amend the patent law, trademark law, copyright law and new plant variety protection regulations, explore the formulation of special laws and regulations such as geographical indications, industrial designs, improve the unified geographical indication protection system that coordinated special protection and trademark protection, and improve the integrated circuit layout Diagram design regulations. Formulate and revise laws and regulations to strengthen the protection of trade secrets, improve the legal system governing the abuse of intellectual property rights, and legislation in areas such as anti-monopoly and anti-unfair competition related to intellectual property rights. Revise the Science and Technology Progress Law. In conjunction with the revision and implementation of the relevant procedural law, research and establish a sound special procedure legal system that conforms to the laws of intellectual property trials. Accelerate the legislation of intellectual property rights in new fields and business forms such as big data, artificial intelligence, and genetic technology. To meet the needs of scientific and technological progress and economic and social development, promptly promote the establishment, reform, and abolishment of intellectual property laws and regulations in accordance with the law, expand the scope of protection in a timely manner, improve protection standards, comprehensively establish and implement a punitive compensation system for infringement, and increase compensation for damages.

(5) Establish a management system with unified responsibilities, scientific and standardized, and excellent service. Continue to optimize the management system and mechanisms, strengthen the central government's powers in the macro management of intellectual property protection, regional coordination, and overall planning of foreign-related matters, and continuously strengthen institutional construction to improve management efficiency. Focusing on the national and regional coordinated development strategy, formulate and implement regional intellectual property strategies, deepen the construction of strong intellectual property provinces and cities, and promote the coordinated development of regional intellectual property rights. Implement the construction of a first-class patent and trademark examination agency, establish a patent and trademark examination officer system, optimize the patent and trademark examination coordination mechanism, and improve the quality and efficiency of examination. Construct an intellectual property service industry supervision system featuring government supervision, social supervision, industry self-discipline, and institutional autonomy.

(6) Construct a fair, reasonable and scientifically evaluated policy system. Adhere to the policy guidance of strict protection, improve the distribution mechanism of intellectual property rights and interests, improve the distribution system oriented to increase the value of knowledge, and promote the realization of the value of intellectual property. Improve the patent and trademark review policy oriented towards strengthening protection. Improve the copyright registration system, network protection and transaction rules. Improve the intellectual property review and registration policy adjustment mechanism, and establish a dynamic review management mechanism. Establish and improve the legality of intellectual property policies and a fair competition review system. Establish a public policy evaluation mechanism for intellectual property rights.

(7) Establish an intellectual property rule system in emerging fields and specific fields that responds promptly and protects reasonably. Establish and improve intellectual property protection rules for new technologies, new industries, new business formats, and new models. Explore and improve the intellectual property protection system in the Internet field. Research and construct data intellectual property protection rules. Improve open source intellectual property and legal systems. Research and improve algorithms, business methods, and intellectual property protection rules for artificial intelligence products. Strengthen the establishment of systems for the acquisition and benefit-sharing of genetic resources, traditional knowledge, and folklore, and strengthen the collection, sorting, transformation and utilization of intangible cultural heritage. Promote the effective connection between the protection of traditional Chinese medicine knowledge and the modern intellectual property system, further improve the comprehensive protection system of Chinese medicine intellectual property rights, establish a special examination and protection mechanism for Chinese medicine patents, and promote the inheritance and innovation of Chinese medicine.

4. Building an intellectual property protection system that supports a world-class business environment

(8) A sound judicial protection system that is fair and efficient, has a scientific jurisdiction, a clear authority, and a complete system. Implement the construction of high-level intellectual property judicial institutions, and strengthen the construction of trial foundations, institutional mechanisms, and smart courts. Improve the intellectual property trial organization, optimize the layout of trial institutions, improve the appeal trial mechanism, and deepen the reform of the "three-in-one" trial mechanism for civil, criminal, and administrative cases of intellectual property rights, and build trials that specialize in case trials, centralize jurisdiction and intensive procedures system. Strengthen the professional training and professional selection of intellectual property judges, strengthen the construction of the team of technical investigators, and ensure the quality and effectiveness of case trials. Actively promote the construction of a cross-regional remote litigation platform for intellectual property rights. Unify the standards of intellectual property judicial adjudication and the application of the law, and improve the adjudication rules. Intensify criminal crackdowns and improve the investigation system for intellectual property crimes. Revise and improve judicial interpretations related to intellectual property rights, and formulate prosecution standards for criminal cases of infringement of intellectual property rights. Strengthen the construction of the procuratorial and supervision mechanism for intellectual property cases, and strengthen the guidance on sentencing recommendations and the guidance on protests.

(9) Improve the administrative protection system that is convenient, efficient, rigorous, fair, open and transparent. Scientifically allocate and exercise the investigative power, punishment power and coercive power of relevant administrative departments in accordance with the law. Establish a unified and coordinated law enforcement standard, evidence rules and case guidance system. Vigorously improve the professionalization and professionalism of administrative law enforcement personnel, and explore the establishment of an administrative protection technical investigator system. Build an intellectual property administrative law enforcement and supervision platform, and improve the modern and intelligent level of law enforcement and supervision. Establish and improve the inspection and appraisal system for intellectual property infringement disputes. Give full play to the role of the administrative adjudication system for patent infringement disputes and increase the enforcement of administrative adjudication. Explore the judicial confirmation system for the administrative mediation agreement of intellectual property disputes applied by the parties. Improve cross-regional and cross-department law enforcement and protection coordination mechanisms. Establish an investigation mechanism for the protection of intellectual property rights in foreign trade and a special mechanism for the protection of intellectual property rights in the pilot free trade zone. Strengthen the customs protection of intellectual property rights and promote international cooperation in the enforcement of intellectual property rights.

(10) Improve the coordinated protection pattern of unified leadership, smooth connection, fast and efficient. Adhere to the centralized and unified leadership of the Party Central Committee, realize the coordinated protection of intellectual property rights in the performance of duties by the government, strict supervision by law enforcement agencies, fair justice by judicial organs, standardized management of market entities, self-discipline and autonomy of industry organizations, and the public's integrity and law-abiding. Implement the construction project of the intellectual property protection system. Clarify the responsibilities and jurisdictions of administrative agencies and judicial agencies, improve the linkage mechanism between administrative protection and judicial protection of intellectual property rights, and form a joint protection force. Establish and improve intellectual property arbitration, mediation, notarization, authentication and rights protection assistance systems, and strengthen the construction of related systems. Improve the intellectual property credit supervision system, strengthen the construction of intellectual property credit supervision mechanisms and platforms, and punish serious untrustworthy behaviors in the intellectual property field in accordance with laws and regulations. Improve the copyright collective management system and strengthen the support and supervision of copyright collective management organizations. Implement the protection of geographical indications. Build a network of intellectual property protection centers and a network of overseas intellectual property dispute response guidance centers. Establish and improve overseas intellectual property early warning and rights protection assistance information platforms.

V. Building an intellectual property market operating mechanism that encourages innovation and development

(11) Improve the high-quality creation mechanism with enterprises as the main body and market-oriented. Regarding quality and value as standards, reform and improve the intellectual property assessment and evaluation mechanism. Guide market entities to bring into play the combined effects of multiple types of intellectual property rights such as patents, trademarks, and copyrights, and cultivate a number of world-class enterprises with strong intellectual property rights competitiveness. Deepen the implementation of the intellectual property strategy promotion project for small and medium-sized enterprises. Optimize the intellectual property management of the national science and technology plan projects. Focusing on cutting-edge technologies and key areas of biological breeding, speed up the cultivation of a number of new plant varieties with intellectual property rights and improve the quality of authorized varieties.

(12) Improve the operation mechanism of efficient and smooth operation and full realization of value. Strengthen the cultivation of patent-intensive industries and establish a patent-intensive industry investigation mechanism. Actively play the role of patent navigation in regional development and major economic and technological projects invested by the government, and vigorously promote the application of patent navigation in traditional advantageous industries, strategic emerging industries, and future industrial development. Reform the ownership and rights distribution mechanism of state-owned intellectual property rights, and expand the autonomy of intellectual property disposal of scientific research institutions and universities. Establish and improve the declaration system for the formation of intellectual property rights for financially funded scientific research projects. Establish an IP transaction price statistics release mechanism. Promote the construction of trademarks and brands, strengthen the protection of well-known trademarks, develop and inherit traditional brands and time-honored brands, and vigorously cultivate well-known trademark brands with international influence. Give full play to the role of collective trademark and certification trademark systems, and create industrial cluster and regional brands with distinctive characteristics, strong competitiveness, and good market reputation. Promote the organic integration of geographical indications and characteristic industry development, ecological civilization construction, historical and cultural inheritance, and rural revitalization, and enhance the brand influence of geographical indications and the added value of products. Implement the protection project of geographical indication agricultural products. Intensify the pilot and demonstration work of intellectual property rights, promote enterprises, universities, and scientific research institutions to improve their intellectual property management systems, and encourage universities and scientific research institutions to establish specialized intellectual property transfer and transformation institutions.

(13) Establish a standardized, orderly and dynamic market operation mechanism. Improve the service level of intellectual property agency, law, information, consulting, etc., and support the development of value-added services such as intellectual property asset evaluation, transaction, conversion, custody, investment and financing. Implement the construction of an intellectual property operation system, build a comprehensive intellectual property operation service hub platform, build a number of operation platforms that focus on industries and drive regions, cultivate international, market-oriented, and specialized intellectual property service organizations, and carry out classification and classification of intellectual property service industries Evaluation. Improve the intangible asset evaluation system and form a management mechanism that coordinates incentives and supervision. Actively and steadily develop intellectual property finance, improve the intellectual property pledge information platform, encourage the development of various intellectual property pledges and insurances, and standardize the exploration of intellectual property financing model innovation. Improve copyright trading and service platforms, and strengthen works asset evaluation, registration and certification, pledge financing and other services. Carry out the pilot work of national copyright innovation development construction. Create a national copyright exhibition authorized transaction system.

6. Building a public service system for intellectual property rights that is convenient for the people and the people

(14) Strengthen the supply of public services with comprehensive coverage, standardized services, intelligent and efficient services. Implement the intelligent construction project of intellectual property public services, improve the national intellectual property big data center and public service platform, expand the depth and breadth of the opening of various basic intellectual property information, and realize the sharing and integration of economic, technological, financial, legal and other information. Deeply promote the "Internet +" government services, make full use of new technologies to build an intelligent patent and trademark review and management system, optimize the review process, and realize the "one-stop" and "one-stop" services for intellectual property government services. Improve the backbone service network, expand service outlets such as technology and innovation support centers, and build a public service system for intellectual property rights that is guided by the government, diversified participation, and interconnected and shared. Strengthen professional and convenient intellectual property public consulting services, and improve the intellectual property public service mechanisms for small and medium-sized enterprises and start-ups. Improve the intellectual property service mechanism of international exhibitions.

(15) Strengthen the standardization, standardization and networking of public services. Clarify the public service items and scope of intellectual property rights, formulate a list of public service items and service standards. Coordinate and promote classification


The establishment of classified intellectual property public service institutions, and vigorously develop high-level specialized service institutions. Effective use of information technology and comprehensive use of online and offline methods to improve the efficiency of intellectual property public services. Open communication channels to improve social satisfaction with public services of intellectual property rights.

(16) Establish an information service model with data standards, resource integration, and efficient utilization. Strengthen the formulation of intellectual property data standards and the supply of data resources, and establish a market-oriented and socialized information processing and service mechanism. Regulate the intellectual property data transaction market, promote the open sharing of intellectual property information, handle the relationship between data openness and data privacy protection, improve the efficiency of dissemination and utilization, and fully realize the market value of intellectual property data resources. Promote the coordinated development of public services and market-oriented services for intellectual property information. Strengthen international intellectual property data exchange, and improve the ability and level of using global intellectual property information.

7. Building a humanistic and social environment that promotes the high-quality development of intellectual property rights

(17) Create intellectual property cultural concepts that respect knowledge, advocate innovation, honesty and law-abiding, and fair competition. Strengthen education and guidance, practice development and system guarantees, cultivate citizens' behavioral habits of consciously respecting and protecting intellectual property rights, and consciously resist infringement and counterfeiting. Advocate a culture of innovation, carry forward the concept of integrity and the spirit of contract, vigorously promote typical enterprises that are determined to innovate and operate with integrity, and guide enterprises to consciously fulfill their social responsibility of respecting and protecting intellectual property rights. Cultivate a cultural atmosphere of fair competition, cultivate intellectual property cultural awareness and cultural self-confidence in the new era, and promote the symbiosis and mutual promotion of intellectual property culture, rule of law culture, innovation culture, and civic ethics.

(18) Construct an intellectual property cultural communication matrix with novel content, diverse forms, and integrated development. Create an intellectual property cultural communication platform integrating traditional media and emerging media, and expand new media channels such as social media, short videos, and clients. Innovate content, forms and methods, strengthen foreign-related intellectual property publicity, form an all-media communication pattern covering domestic and foreign, and build intellectual property publicity brands. Vigorously develop national intellectual property high-end think tanks and characteristic think tanks, deepen theoretical and policy research, and strengthen international academic exchanges.

(19) Create a more open, more active, and more dynamic environment for the development of intellectual property talents. Improve intellectual property personnel training, evaluation and incentives, and flow allocation mechanisms. Support the independent review of degree authorization and the independent establishment of first-level intellectual property disciplines by colleges and universities. Promote the establishment of professional degrees in intellectual property rights. Implementation of a special talent training plan for intellectual property rights. Relying on relevant universities to lay out a number of national intellectual property talent training bases, strengthen the construction of secondary intellectual property colleges of relevant universities. Strengthen the construction of the public lawyer team of the intellectual property management department, do a good job in the training and training of foreign-related intellectual property lawyers, and strengthen the training of intellectual property internationalization talents. Develop a batch of high-quality intellectual property courses. Carry out intellectual property learning and education for cadres. Further promote intellectual property education in primary and secondary schools, and continue to enhance the intellectual property awareness of young people.

8. Deep participation in global intellectual property governance

(20) Actively participate in the reform and construction of the global governance system for intellectual property rights. Expand the opening up of the field of intellectual property rights, improve the international dialogue and exchange mechanism, and promote the improvement of international rules and standards such as intellectual property rights and related international trade and international investment. Actively promote multilateral and bilateral intellectual property negotiations related to economy and trade. Establish a system for preventing and controlling foreign-related risks of intellectual property rights. Strengthen cooperation with intellectual property review institutions of various countries and promote the sharing of review information. Create an optimal location for international intellectual property litigation. Improve the internationalization of intellectual property arbitration. Encourage high-level foreign institutions to come to China to provide intellectual property services.

(21) Build an international cooperation network of multilateral and bilateral coordination and linkage. Actively maintain and develop the intellectual property multilateral cooperation system, and strengthen cooperation in the United Nations, the World Trade Organization and other international frameworks and multilateral mechanisms. Deepen practical cooperation in intellectual property rights with countries and regions in the “Belt and Road Initiative”, build a high-level cooperation platform, promote cooperation in information and data resources projects, and provide diversification of patent search, examination, and training to countries and regions in the “Belt and Road Initiative”. service. Strengthen the external work force of intellectual property rights. Actively give play to the role of non-governmental organizations in the international exchange and cooperation of intellectual property rights. Expand channels for overseas patent distribution. Promote the effective combination of patents and international standard formulation. Create a good image of Chinese trademark brands, promote mutual recognition and mutual protection of geographical indications, and strengthen the global promotion of Chinese trademark brands and geographical indication products.

9. Organizational Guarantee

(22) Strengthen organization and leadership. Comprehensively strengthen the party's leadership in building a strong country with intellectual property rights, give full play to the role of the State Council’s inter-ministerial joint meeting on the implementation of intellectual property strategies, establish a unified leadership, departmental coordination, and upper-level linkage work system, and formulate and implement an annual promotion plan for the implementation of this outline. All regions and departments should attach great importance to strengthen organization and leadership, clarify the division of tasks, establish and improve the implementation of this outline and the national economic and social development plan, key special plans and related policies in coordination with the work mechanism, combined with the actual deployment of relevant tasks and measures, one by one. The items are well implemented.

(23) Strengthen the guarantee of conditions. Improve the central and local financial investment guarantee system, and increase support for the implementation of this outline. Comprehensive use of fiscal, taxation, investment and financing and other related policies to form a diversified and multi-channel capital investment system, highlight key points, optimize the structure, and ensure the implementation of tasks. In accordance with relevant national regulations, the collectives and individuals who have made outstanding contributions to the construction of a strong country with intellectual property rights will be commended.

(Twenty-four) Strengthen the assessment and evaluation. The State Intellectual Property Office, in conjunction with relevant departments, establishes a dynamic adjustment mechanism for the implementation of this outline, conducts annual monitoring and regular evaluation and summary, conducts supervision and inspection of the implementation of work tasks, incorporates relevant work evaluations, and promptly reports to the Party Central Committee and the State Council in accordance with procedures for important information. In the assessment of party and government leading cadres and the leadership of state-owned enterprises, attention was paid to assessing the effectiveness of intellectual property-related work. Local governments at all levels should increase the intensity of supervision and assessment, and include the work of building a strong country with intellectual property into the scope of supervision and assessment.


Source: Xinhua News Agency


【Zhongyi Intellectual Property Official Website】

Zhongyi Intellectual Property, a comprehensive intellectual property service organization with leading domestic team size, service level and strength, was established in 2003, focusing on the field of intellectual property services, providing customers with professional and integrated intellectual property solutions and service content Including: patent agency, trademark agency, copyright registration, foreign-related services, intellectual property litigation, early warning, operation, government project declaration, etc.
Based in Shenzhen, Zhongyi Intellectual Property has offices in Beijing, Shanghai, Guangzhou, Foshan, Dongguan, Wuhan, Yichang, Nanchang, Zhengzhou, Shijiazhuang, Changsha, Xi'an and other places, as well as an office in Singapore.

Return
Previous:The Central Committee of the Communist Party of China and the State Council: Strengthen and improve anti-monopoly and anti-unfair competition law enforcement Next:From December 1st, the China National Intellectual Property Administration shall charge a PCT application international stage fee with RMB standard.